American Bar Association -
[Cached Version]
Published on: 8/1/2002
Last Visited: 8/1/2002
Christopher Collins, a senior counsel at Manhattan's Proskauer Rose who represents employers, dismisses this catch-22 critique."To be covered under the ADA, you have to be both qualified and disabled at the same time, but that's what Congress had in mind when it passed the statute," he says.
Whatever Congress meant, the court's recent pronouncements on what the ADA means by "disability" are prompting counsel on both sides of cases to do more homework on claimants' physical or mental impairments.
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After Toyota, Collins says, many ADA employment cases will hinge on whether plaintiffs' impairments substantially restrict their daily lives, not just their activities on the job.Thus, individuals with ailments caused and exacerbated by work activities-carpal tunnel syndrome, stress-related disorders, back problems and the like-must be prepared to prove that these conditions adversely affect their lives after quitting time.
SENIORITY RULES
If an employee or job applicant is found to be disabled within the definition of the ADA, the employer must provide a "reasonable accommodation" to the individual's disability-unless the employer shows that an accommodation would cause it undue hardship.
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"It's pretty clear that seniority systems embodied in collective bargaining agreements are protected from challenge," Collins says.